NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING
ELIGIBILITY: THE NEWPORT PAYDAY PLEASURE SWEEPSTAKES (THE “PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCLUDING RESIDENTS OF MASSACHUSETTS AND MICHIGAN), THE DISTRICT OF COLUMBIA AND PUERTO RICO WHO ARE SMOKERS 21 YEARS OF AGE OR OLDER AND REGISTERED MEMBERS OF WWW.NEWPORTPLEASURE.COM (THE “WEBSITE”) IN GOOD STANDING AT TIME OF ENTRY (“ELIGIBLE PARTICIPANTS”). NO PURCHASE IS NECESSARY TO REGISTER ON THE WEBSITE; FOR INSTRUCTIONS ON HOW TO REGISTER, SEE SECTION 3 BELOW. Entry in the Promotion is subject to age verification. PROMOTION VOID IN MASSACHUSETTS, MICHIGAN, AND WHERE PROHIBITED BY LAW. The Promotion is subject to all applicable federal, state and local laws and regulations. Employees, officers, and directors (and their immediate families (spouses, parents, children, siblings, and their respective spouses) and those living in the same household) of R. J. Reynolds Tobacco Company (“Sponsor”), its parent and affiliated companies and its production and promotion agencies are not eligible. Entrants must access the Website from anywhere in the fifty (50) United States, the District of Columbia, or Puerto Rico at the time they enter. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion.
PROMOTION PERIOD. The Promotion begins at midnight (12:00:00 AM) Eastern Standard Time (“EST”) on March 1, 2016 and ends at 11:59:59 PM Eastern Daylight Saving Time (“EDT”) on June 30, 2016 (the “Promotion Entry Period”). Sponsor’s server is the official time-keeping device for this Promotion.
To be eligible to enter the Promotion, you must be a registered member at the Website. If you are not a registered member on the Website, you may register for free by visiting the Website, selecting “Click Here to Sign Up,” and following the registration directions, including providing your electronic signature which certifies that you are a smoker, 21 years of age or older. Certification statements are subject to validation and may be confirmed through a third-party data source. You may receive a letter to update your eligibility with Sponsor which you will need to respond to by the date indicated in the letter; noncompliance may result in disqualification. Entries submitted by entrants that Sponsor is unable to age-verify may be void.
The information provided by you in connection with this Promotion may be used for Sponsor’s internal purposes and to send information to you through mail or email about Sponsor’s products. By registering on the Website, you agree to be added to the Sponsor’s email and mailing distribution list. You may subsequently opt-out by calling toll-free 1-877-744-1234 or visiting the Website, clicking on the “FAQs” (Frequently Asked Questions) link, and following the instructions under “How can I be removed from the Newport mailing list?” Please see the terms regarding Sponsor’s use of personal information collected through the Website at https://m.newport-pleasure.com/mobile/PrivacyPolicy. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
HOW TO ENTER:
The Promotion consists of an Instant Win Game and a Sweepstakes. To play the Instant Win Game and enter the Sweepstakes, go to the Website during the Promotion Entry Period and follow all prompt instructions to enter. Entrants will be required to log in with their Newport Customer PIN and password. If you choose to enter the Promotion via a smartphone, iPad, or tablet (which is not necessary to enter the Promotion), standard carrier-specific wireless rates and all applicable taxes apply depending upon the entrant’s wireless pricing plan. Other carrier-specific rates and applicable taxes may also apply in accordance with entrant’s wireless customer agreements. Internet service providers’ and wireless carriers’ rate plans may vary, and you should contact your service provider for more information on rate plans and other charges that may apply to your use of the service. After logging in to the Website and accessing the Promotion page, click on one (1) image of your choice from among the six (6) images displayed for a chance to win an Instant Win Prize (a “Play”) . During the Promotion Entry Period, randomly selected times will be designated, and the first entrant who completes a Play in accordance with the online instructions (whose Play is properly received and recorded by Sponsor’s computer) on or immediately after a randomly designated time will win an Instant Win Prize, subject to verification. If your screen displays an Instant Winner message, you are a winner of an Instant Win Prize, subject to verification. If your screen does not display an Instant Winner message, you are NOT a winner of an Instant Win Prize. Instant Win prizes will be shipped to you within approximately two to five business days of winner verification. For each Play, you will also receive one (1) entry into the random drawing for a chance to win the Sweepstakes prize. See Section 5 of these Official Rules below for details about the random drawing and selection of the Sweepstakes prize winner.
All Plays must be received and recorded during the Promotion Entry Period. LIMIT: One (1) Play per Eligible Participant per day. For purposes of this Promotion, a “day” is defined as a twenty-four-hour time period beginning at midnight (12:00:00 AM) Eastern Time of a calendar day and ending at 11:59:59 PM Eastern Time on the same calendar day during the Promotion Entry Period. All entries must be received by 11:59:59 PM Eastern Time on 6/30/16.
If an Eligible Participant fails to execute a Play on a given day for any reason, such Eligible Participant forfeits the Play for that day. A given Eligible Participant’s Play for one (1) day cannot be saved or combined with such Eligible Participant’s Play for any other day; each day’s Play by a given Eligible Participant is a separate and independent event. Further, different Eligible Participants cannot combine their Plays in any way. Use of computer programs and other automatic means to submit a Play more than once per day is prohibited. Any attempt by any person to submit more than one Play per day using multiple/different registrations or any other methods will void all of that person’s Plays (and the corresponding entries into the random drawing). Plays that are incomplete, lost, late, misdirected, garbled, or improperly received for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, are not eligible. Regardless of what appears on screen for Eligible Participant, the decisions of Sponsor and the Administrator as to whether a given Play yields one (1) entry are final and binding in all respects.
RANDOM DRAWING/SELECTION OF NON-INSTANT WIN PRIZE WINNERS: All eligible entries received during the Promotion Entry Period will be combined, and one (1) Sweepstakes Grand Prize and remaining Instant Win Prizes not distributed instantly (if any) will be selected in a random drawing from among all eligible entries received. Age-verification will be required to claim prize. The random drawing will be conducted on or about August 12, 2016, by the Administrator, Arrowhead Promotion & Fulfillment Co., Inc., an independent judging organization whose decisions on all matters relating to this Promotion are final and binding in all respects. Those persons initially selected as winners will be notified by U.S. Mail on or about August 19, 2016.
PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING: Sweepstakes Prize: One (1) Grand Prize: Sweepstakes Grand Prize consists of one hundred thousand dollars ($100,000), ARV: $100,000; Instant Win Prizes: One Hundred and forty-two (142) Instant Win Prizes: Each Instant Win Prize consists of five hundred dollars ($500), ARV: $500. TOTAL ARV OF ALL PRIZES: $171,000. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Entry Period. Odds of winning an Instant Win Prize depend on the number of eligible Plays received and the order in which they are received. Each prize will be awarded in the form of a check made payable to the prize winner. Winners are solely responsible for all federal, state and local taxes. Prizes are not transferable. No prize substitution. Reporting and payment of any applicable federal, state and local taxes is the sole responsibility of each prize winner. Prize winners may be required to provide Sponsor with their Social Security numbers for tax purposes. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for any recipient who receives a prize if the annual aggregate value of the prize received is $600 or more. Sponsor will issue a Form 1099-MISC to prize winners for the total fair market value of prizes received. Limit: one (1) Instant Win Prize per Eligible Participant and no more than two (2) prizes in total per Eligible Participant will be awarded. Subsequent Plays by a winner of an Instant Win Prize are not eligible to win another Instant Win Prize; however, for each such Play, such Eligible Participant will receive one (1) entry into the random drawing for a chance to win the Sweepstakes prize.
GENERAL CONDITIONS: By participating in the Promotion, (a) entrants agree that Sponsor, its parent, affiliates, subsidiaries, production and promotion agencies, and all of their respective officers, directors, employees, representatives, and agents (collectively, the “Released Parties”) are indemnified, released, and will be held harmless by entrants from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of any prize or entrant’s participation in this Promotion or any Promotion-related activity; and (b) winners grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority the right to the use of entrant’s name, photograph, likeness, voice, image, statements, and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval, or additional compensation, unless prohibited by law. All potential winners are subject to age-verification and confirmation that they meet the eligibility criteria set forth in Section 1 above. An entrant is not a winner of any prize, even if a winning prize message or any other aspect of the Promotion should so indicate, unless and until the entrant’s eligibility and the potential winning claim has been verified. Sponsor and Administrator will not accept screen shots or other evidence of winning in lieu of their validation process. Potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility and Liability Release, and (where lawful), a Publicity Release and submit a copy of a valid government-issued photo identification document within ten (10) business days after prize notification in order to claim his/her prize. If a potential prize winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility/Liability and Publicity Release or provide any other requested information within the required time period (if applicable), or if a prize-winning notification letter or prize is returned as undeliverable or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, that prize will be forfeited and awarded to an alternate prize winner in a random drawing from among all remaining eligible entries received. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor or Administrator, whose decisions in all matters relating to this Promotion are final and binding in all respects. All entries become the property of Sponsor and will not be acknowledged or returned.
The Released Parties are not responsible for lost, late, stolen misdirected, or non-delivered Plays, entries, or emails, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties, or other errors of any kind whether human, mechanical, electronic, or network, or the incorrect or inaccurate capture of Plays, entries, or other information or the failure to capture or the loss of any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users or by any equipment or programming associated with or utilized in this Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor, in its sole discretion, may prohibit individuals from participating in this Promotion and disqualify Plays/entries if they (1) attempt to enter the Promotion through any means other than as described in these Official Rules, (2) attempt to disrupt the Promotion or Website or circumvent the terms and conditions of these Official Rules or the Website in any way or (3) repeatedly show a disregard for these Official Rules or Website terms or act (a) in an unsportsmanlike manner or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for injury or damage to entrant’s or any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from, or use of, the Website.
If, for any reason, the Promotion is not capable of being conducted as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion and randomly determine winners from eligible, non-suspect Plays received prior to action being taken or as otherwise deemed fair and equitable by Sponsor (in the case of Puerto Rico, the Secretary of the Department of Consumer Affairs ("DACO") will be notified in advance and cancellation or suspension is subject to DACO's authorization). No more than the stated number of prizes will be awarded. If the number of awarded prizes equals the number of prizes offered, no additional prizes will be awarded or provided in connection with this Promotion. In the event more prize winner notifications are issued, or more winning claims are received, than the number of prizes set forth in Section 6 of these Official Rules due to computer, printing, seeding, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. If a random drawing is required, it will be conducted by the Administrator who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable for more than the stated number of prizes stated in Section 6 of these Official Rules. Sponsor and the Released Parties reserve the right to correct typographic, clerical or printing errors in any Promotion materials (including, without limitation, these Official Rules and any Abbreviated Rules). Sponsor and the Released Parties are not responsible for any typographical or other errors in the printing of materials relating to this Promotion, the administration of the Promotion, or in any announcement relating to this Promotion, including such error as may give an erroneous indication that a prize has been won. Any inconsistencies between any advertising or other promotional announcements or any Abbreviated Rules and these Official Rules shall be resolved in favor of these Official Rules.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
The decisions of the Sponsor and the Administrator are final on all matters relating to the Promotion including, without limitation, the construction, validity, interpretation and enforceability of these Official Rules. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN THE USER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH ENTRANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND USER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY USER.
GOVERNING LAW & JURISDICTION. The Promotion Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the printing, construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the state of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of North Carolina or any other jurisdiction; except in the case of Puerto Rico where disputes may be filed with DACO) that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgement on an arbitration award, shall take place in the state of North Carolina, in the City of Winston-Salem (in the case of Puerto Rico, any and all disputes can be filed before DACO).
WINNERS LIST: To obtain a winners list, send a self-addressed, stamped envelope to be received by 10/1/16 to: Newport Payday Pleasure Sweepstakes Winners List, PO Box 9602-W, Grand Rapids, MN 55745-9602. Do not send any other correspondence to this address. The winners list will be mailed after all winners have been determined and verified.
SPONSOR: R. J. REYNOLDS TOBACCO COMPANY, 401 NORTH MAIN STREET, WINSTON-SALEM, NC 27101. The Sponsor’s website is www.rjrt.com.
ADMINISTRATOR: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids, MN 55744.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Sweepstakes begins 12:00:00 a.m. (midnight) ET on 3/1/16 and ends 11:59:59 p.m. ET on 6/30/16 (“Sweepstakes Period”). Sweepstakes is open to legal residents of the 50 U.S. states (excluding MA and MI), D.C. and Puerto Rico who are smokers, 21 years of age or older and registered members of www.newportpleasure.com (“Website”) in good standing at time of entry. You may register for free by logging on to the Website and registering as a new member. Sweepstakes entry is subject to age verification. Void in MA, MI, and where prohibited. Limit one (1) entry per person per day. For Official Rules go to the Website or send request to Newport Payday Everyday Sweepstakes, P.O. Box 9602-R, Grand Rapids, MN 55745-9602. To participate, go to the Website during the Sweepstakes Period and follow the instructions to enter. 143 Prizes will be awarded. Total approximate retail value of all prizes: $171,000. See Official Rules for odds of winning each prize. SPONSOR: R. J. REYNOLDS TOBACCO COMPANY, 401 NORTH MAIN STREET, WINSTON-SALEM, NC 27101